The Republican journal., 1897-03-25
any inhabitant, within his own town, ma '

l take she'll fish for the eonsu,n ption of his
| family, and any fisherman may take any
where, such fish suitable TOR bait and nee
essary for his use, not exceeding seven bush
els In the shell, except that oysters shall
, not be taken by any one in June, July and
August.
} Section II! Amy town may at It's annual
meeting fix the times in which clans may
be taken within its limits, and the prices
Tor which Its municipal officers shall grant
permits therefor; and unless regulated by
vote, residents Of the town may take clans
without written permit. But without permi,
any inhabitan within his own town, or trans
} lent person therein, may take clans for the
consumption of himself and family. This
section does not apply to hotel keepers
} does 1t interfere with any law relating to
the taking of shell fish tor bait by fisher
men. Whoever tahes clam contrary to
municipal regulations authorized by this
act, shall for each otfense, be fined not more u
than ten dollars, or imprisoned not more
than thirty days, OF both. In all contracts
relating to the sale of CLANS bait by the
barrel, and clam bait barrels, unless other
wise specified In the contract, barrel
shall be twenty-seven and one-half inches
long, sixteen inches head diameter, outside
measure, holding not less than twenty
one gallons and not more than twenty
three gallons.
Section Is. Cities, towns and plantations are
authorized to raise annually, by a two-thirds
vote at their annual meeting, sum not ex-
ceeding five hundred dollars, to be expended
by the municipal officers thereof or by a com
mission elected by the cities, towns or planta-
lions for the propagation and protection of
nsh la public waters located wholly or partially
within their respective limits. report OF the
expenditures thereof shall be made at the
neXt annual meeting by the officer or officers
authorized to expend such appropriation.
SECT. 10 No fish weir or wharf shall be ex-
tended, erected or maintained, except in ac-
cordance with this chapter, and no fish weir
| shall be erected or maintained in tide waters
below low water mark in front OF the shore or
| Hats of another without the owners consent,
| under penalty OF fifty dollars for each offense
to be recovered in an action of debt by the
| owner OF said shore or Hats; but this chapter
does not apply to Welrs. the materials of which
are chiefly removed annually, provided that
they do not obstluct navigation, nor interfere
| with the rights of others.
| section 20. All vessels, boats, craft, owned
| and oilccrcd by non residents and apparatus
| of every kind, employed in unlawful fishing,
OF having on board any fish unlawfully takeif.
| are liable for all fines and costs herein provid-
ed tor; and any officer may seize and detain
said property not exceeding twenty -four hours
in order that II may be attached, and taken by
! due process Of law to satisfy any judgment that
may be recovered; but ii shall, at any time, be
released on payment, by the owner or master,
Of the line, COSTS and reasonable expenses.
Section q. ANY inhabitant of the state, with
consent OF the adjacent riparian proprietors,
may plant oysters below low water mark in
| any naViSable waters in places where there is
no natural oyster bed; inciose such grounds
with stakes, set at suitable distances, and ex-
tending at least two feet above high water
mark, but SO as not to obstruct the free naviga-
| ton of such waters, and have the exclusive
| right of taking such oysters. Whoever tres
passes on such Enclosure, or Injuries such oys-
! ter beds, is liable in action OF trespass for
| all damages and if he takes any oysters there
| III without the consent of the owner. he shall
forfeit not less than twenty nor more than fif-
ty dollars, or DO Imprisoned not exceeding
three months.
section y The following waters and their
tributaries are exempt from the provisions re-
latng to migratory fishes and the supervision
of hshways by The commissioners, that Is to
say: Royals river in North Yarmouth j;
sewalls pond or its outlet in Arrowsic; 30 much
of the waters of Ddnariscotta river as are west
CT the railroad bridge near Danariscotua mills :
the eastern PenobsCot river in Orland; Win
slows stream in Penobscot; all waters ia vinal-
haven, fremont, Mount Desert, Eden. Franklin
and sullivan; Pleasant river in Washington
county and East Maohias river.
Section %. The governor, with the I'd vice
and consent of council. shall appoint COM
missioner who shall have general supervision
of the sea and shore fisheries and shell FISH
regulated by this act and shall hold his Office
for three years ana until his successor is APP
pointed and qualified.
Section "A. 1t shall be the duty of the com
missioner OF sea and shore fisheries to exercise
supervision over all the fisheries and its pr0
duets taken from tide waters within the state,
including the proper enforcement of all Jaws
manufacturing, branding and transportation Of
all kinds Of picked, salt, smoked, fresh
canned, frozen she'll and other FISH
Section %. The commissioner is hereby re-
quired to make detailed biennial report in the
month Of December showing The amount Of
capital invested, number Of men employed
value of products and any other information
that he may be able TO obtain relating to the
sea and shore fisheries
Section %. The salary of tie commissioner Of
sea and shore fisheries is hereby fixed ct one
thousand dollars per Mlnum.
Section q. 1t shall DO the duty of the ash
wsidens TO enforce all laws relating TO the and
shore fisheries within the counties in which they
separately reside but they shall not exercise iuris-
dict0n in any other county unless so instructed IN
Wfltlng by the commissioner of sea aad shore fish
cries. The commissioner Of Sea and shore fisheries
and fish Warens may, With or without warrant
enter upon any vessel, boat, receptacle for fish, O.
any place or places used therefor, and seize and
curry away all fish liable to seizure found therein
and may, with or without warrant search any car
or pound nsed tor thu keeping of fish and seize any
car or pound used for the keeping OF fish and
seize and carry away all fish liable to seizure found
therein, tho fish in each case TO lie disposed of
according to law.
Section Is. The governor with the advice and
consent Of council. upon The recommendation Of
the commissioner OF sea and shore fisheries may
appoint suitable persons as fish wardens, who shall
hold Office for the term of three Years unless
sooner removed, who shall enforce all laws and
the rules and regulations relating to sea and shore
fisheries, arrest AL yicators thereof and prosecute
al ottcnses against the same they shan have the
sau!s power to serve criminal processes against
such Offenders, and shall be allowed the same fees
as sheriff for like services; they shall have the
sumo right shegits 10 require aid in executing
the duties of their office, They shall before being
qutttiEeu 10 discharge Inc outle5 required by this
act, give bond with two good and sufficient
sUreties in the penal sum of two thousand dollars,
approved by the commissioner Of sea and shors
fisheries to the treasurer OF the state, conditioned
for the faithful performance of the duties of their
oilice.
section 49, No salmon, .had OF other migra-
tory fish shall be taken on fshed for within five
hundred yards Of any fishway, dam, OR mill
race; nor in the Ienobscot river between the
mouth of the kenduskeag stream and the water
works dam ut Treats falls on said river, nor
between the Augusta highway bridge over the
kennebec river and the augusta dam; nor any
salmon five hundred feet above Ferry point
bridge on the Saint CroiX river in Calais, be
tween the first days Of April and November,
except by tho ordinary mode of angling with
single hook and line or artificial fies nor shall
hook and line or artificial flies be used at any
time within one hundred yards of any fish way,
dam or mill race; but this section shall not ap.
ply TO the taking OF aewives by the town Of
Warren in the Georges river, and by the town
OF Waldoboro i'll Medomak river, under the au-
thority granted said towns by the private and
special laws of massachusetts, passed March
six, eighteen hundred and two, and amend
ments thereof, passed by the Legislature Of this
state; nor shall it apply to the taking Of ale
wives by the town Of Woolwich in Nequasset
stream, provided that fly fishing shall be al
lowed up TO the bridge across the Denny's riv-
er ut Lincoln's mill, but not between said
bridge and LincC ln's mill dam, and provided