The Somerset reporter., 1897-04-01

where, snch n3n sult3Dl0 Tor Dhlt ana nee
essary for his use, not exceeding seven bush !.
els In the shell, except that oysters shall
not be taken by my one In juno, July and
August.
Section II Any town may at Its annual
meeting Ak the times in which clans may
be taken within Its limits, and the prices
for which Its municipal officers shall grant
permits therefor; and unless so regulated by
vote, residents OF the town may take clans
without written permit. But without permit
any inhabitant Within his own town,o trans
lent person therein, may take clans for the
consumption of himself and family. This
SECTION does not apply to hotel keepers
taking clans for tho use OF their hotels, nor
does 1t interfere with any law relating 10
the taking of shell fish tor bait by fisher
men. Whoever taxes clam contrary to
municipal regulations authorized by this
act. shall for each oifense, DO fined not more
| than ten dollars, or Imprisoned not more
than thirty days, OF both. In all contracts
barrel, and clam bait barrels, unless other.
wise specified In the contract, barrel
| shall be twenty-seyon 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.
| authorized to raise annually, by two-thirds
| Vote at their annual meeting, sum not ex-
ceeding five hundred dollars, TO be expended
by the municipal officers thereon 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
| expenditures thereof Shall be made at the
next annual meeting by the officer or officers
authorized to expend such appropriation.
oECr ~. No fish weir or wharf shall be ex-
| tended, erected or maintained, except In &C
cordance with this chapter; and no fish weir
shall DO erected or maintained In tide waters
below low water mark in front of the shore or
nats OF another without tho owners consent,
under penalty OF fifty dollars for each o1ense
to be recovered In an action OF debt by the
| owner of said shore or fats; but this chapter
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 othors.
| Section 20. All vessels, boats, craft, owned
and o1hoerod by noD.residents, and apparatus
of every kind employed in unlawful fishing,
| or having on board amy fish unlawfully taken.
are liable for all fines and costs herein provid-
ell for; aud any officer may seize and detain
said property not exceeding twentyiour hours,
In order that Ii may be attached, and taken by
due process of law to satisfy any Judgment that
| may be recovered; but 1t shall, at any time. be
released on payment, by the owner or master,
| of the fine, costs and reasonable expenses.
| Section 81. Any inhabitant OF the state. with
| consent of the adjacent riparian proprietors.
may plant oysters below low water mark In
| any navigab1s waters, In places where there Is
no natural oyster bed, inclose such grounds
| with stakes, set at suitable distances, and ex-
| tendipg 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 an action OF trespass for
| all damages; and II he takes any oysters there-
| in without the consent of tho owner, he shall
forfeit not less than twenty nor more than nj.
| 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 fishways by the commissioners, that 10 to
| say: Royals river in North Yarmouth !;
| Sewalls pond or its outlet in Arrowsic; SO much
of the waters Of Damariscotts 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 Maohias river.
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 and until his successor is APP
pointed and qualified.
| Section "a. 1t shall be the duty Of the com
IN issoner 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 shell and other fish.
Section 20. The commissioner Is hereby re
| quired to make a 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 80 The salary Of the commissioner of
| sea and shore fisheries is hereby fixed at ono
| thousand dollars per annum
| Section 81. 1t shall be the duty of the fish
wardens to enforce all laws relating TO the sea and
| shore fisheries within the counties in which they
separately reside, but they shall not exercise jurs-
dictlon 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 without warrant,
enter upon any vessel, boat receptacle for fish.
| any place places used therefor, and seize and
carry away all fish liable to seizure found therein,
and may, with or 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 bs disposed of
according to law
| Section 2S. Tho governor with tho advice and
| consent Of council upon the recommendation Of
tho 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 all yioators thereof and prosecute
all ofenses against tbs same they shall have the
same power to serve criminal processes against
such offenders, and shall be allowed the same fees
as sheriff for like services; they shall have the
same right as sheriils to require aid in executing
| qualified to discharge the duties required by this
act give bond with two good and sufficient
| sureties in the penal sum of two thousand dol lars
| approved by the commissioner of soA and shore
fisheries TO the treasurer Of the state, conditioned
for the faithful performance of the duties of their
| Office.
section 20. No salmon, shad or other mi gra.
| tory fish shall be taken or 1shed for within i've
hundred yards of any fshway, dam, or mill
race nor in the Penobscot river between the
mouth Of the Kenduskoag stream and the water
works dam Mt Treats falls on said river, nor
| between the Augusta highway bridge over tho
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 hio,, 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 APP
ply to the taking of alewives by the town of
Warren In the Georges river, and by the town
| OF Wadoboro in Medomak river, under tho au
| thority granted said towns by tho private and
| six, eighteen hundred and two, and amend
ments thereof, passed by the Legislature of this
state; nor shall 1t apply to the taking OF ale
wives by the town Of Woolwich in Nequasset
stream, provided TINT ny fishing shall be al
| lowed up TO the bridge across the Dennys rty.
er mt Ltncoln's mill, but not between sald
bridge and Lincolne mill dam; and provided
also that fishing with iii artificial fly or single
baited hook and line shall be allowed mp To with
I'm ffty feet of the dam across the Aroostook
river in the town of Caribou But tht section
shall not apply TO the Laconia falls and the Low
er falls, called, on the Saco river located AZ
| Biddeford and Sacoj and upon the first three
| days OF each week, from the first Of june to the
first of September of each year all persons ma
| dip for salmon, shad and alcwiNes at tho falls