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

essary for his use, not exceeding seven BUSH
els IN the shell, except that oysters shall
August.
sectlon u. Any town may at its annual
meetlhg nix the times in which CLAIMS may
pc taken Within its limits, and the prices
Tor Wnlcn Its municipal officers shall grant
permits therefor; and unless so regulated by
vote, residents OF the town may take CLANS
wltnout written permit But without permit
any lnhabltant within his own town, or trans
lent person therein, may take CLANS for the
consumption of himself and family. This
sectlon does not apply to hotel keepers
taxing CLANS for the use of their hotels, nor
the taxing of shell fish tor bait by fisher
men; Whoever taxes clam contrary TO
munlelpal regulations authorized by this
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, a barrel
snail 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 TWEEN ty-
three gallons.
Section Is. Cities, towns and plantations are
authorized to raise annually, by twothirds
ceeding five hundred dollars, to be expended
by the municipal officers thereof or by COM
mission elected by the cities, towns or planta.
lions for the propagation and protection of
hsh in public waters located wholly or partially
within their respective limits, A 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-
oordance 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
flats of another without the owners consent,
under penalty of fifty dollars for each offense
to be recovered in an action of debt by the
r<,f lon Ant rlnn1 nfay
does not apply to weirs, the materials of which
are chiefly removed annually, provided that
they do not obstruct navigation, nor interfere
with the rights of others.
Section 20. All vessels, boats, craft, owned
and otficered by non-residents, and apparatus
of every kind, employed in unlawful fishing,
or having on board any fish unlawfully taken.
are liable for all fines and costs herein provid-
ed for; and any officer may seize and detain
said property not exceeding twenty four hours,
in order that 1t may be attached, and taken by
may be recovered; but it shall, at any time, be
released on payment, by the owner or MASTER
of the fine, costs, and reasonable expenses.
section =. Any; nnaprant 81 the state, with
may plant oysters below low water mark In
any navigable waters, In places where there is
no natural oyster bed; inclose 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
IlSut Oh LdkluH SUCH OySb6IS. WuOcfcT GItS-
passes on such Enclosure, or Injuries such oys.
ter beds, is liable in an action of trespass for
all damages; and if he takes any oysters there
in without the consent of the owner, he shall
forfeit not less than twenty nor more than if
ty dollars, or be imprisoned not exceeding
three months.
Section %. The following waters and their
tributaries are exempt from the provisions re-
lating to migratory fishes, and the supervision
of fshways by the commissioners, that is to
say: Royals river in North Yarmouth;
SewalPs pond or its outlet in Arrowsic; so much
of the waters of Damariscotta river as are west
of the railroad bridge near Damariscotta mills:
the eastern Penobscot river in Orland; Win
slows stream in Penobscot; all waters in Vinal-
haven, fremont, Mount Desert, Eden, Franklin
and Sullivan; Pleasant river in Washington
county and East Machias river.
Section %. The governor, with the advice
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 and until his successor is ap-
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 pro-
ducts taken from tide waters within the state,
including the proper enforcement of all laws
relating to the catching, packing, curing,
manufacturing, branding and transportation of
all kinds of picked, salt, smoked, fresh,
canned frozen she'll and other fish.
Section rs. The commissioner is hereby re-
quired to make detailed biennial report in the
uOuDu Ok DeCcIuUGF, buOWluS bilt duOuuU 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 20. The salary Of the commissioner of
sea and shore fisheries is hereby fixed at one
thousand dollars per annum:
Section n. 1t shall be the duty Of the fish
wardens to enforce all laws relating to the and
shore fisheries within the counties in which they
separately reside but they shall not exercise uris
dicton in any other county unless so instructed in
writing by the commissioner of sea and shore fish
cries. The commissioner of sea and shore fisheries
and fish wardens may, with or without warrant
enter upon any vessel boat, receptacle for fish,
place or Pase; used therefor and seize and
and may, with OF without warrant, search any car
or pound used for the 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, the fish in each case to be disposed of
according to law.
Section %. 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 and shore
fisheries arrest all violators thereof and prosecute
all offenses against the same; they shall have the
same power to serve criminal processes against
such offenders, and shall be allowed the fees
as sheriff for like services they shall have the
same right as sheritfs to require aid in executing
the duties Of their Office They shall before being
QudlluSu TO ulSCNarSc tnc QuCleb required Dy THIS
act, give a bond with two good and sufficient
sureties in the penal sum of two thousand dollars,
approved by the commissioner Of sea and shore
to the treasurer Of the state conditioned
for the faithful performance Of the duties of their
office.
Section 20. No salmon. shad or other migra-
tory fish shall be taken or fished for within five
hundred yards of any fishway, dam, Or mill
race; nor in The Penobscot river between the
mouth of the Kenduskeag stream and the water
works dam at 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 the ordinary mode of angling with
single hook and line or artificial flies 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 alewives by the town of
Warren in the Georges river, and by the town
of Waldoboro in Medomak river, under the all-
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 at Lincoln's mill, but not between said
bridge and Lincoln's mill dam; and provided
also, that fishing with an artificial fly or single
baited hook and line shall be allowed up to with
in fifty feet of the dam across the Aroostook
river in the town of Caribou. But this section
r 49,