The Republican journal., 1897-03-25
PUBLIC LAWS OF THE STATE OF MAINE, 1897.

passage through such weir or other STRUCTURE
| aho no contrivance which tends to hlnae[ suGh
iish shall BIO placed in any part thereof. II the
measure where the fish are taken is FURNISHED
WI board floor, an opening extending from
me moor to the top of the weir is equivalent w
one extending from the bottom to the top. Inc
| penalty Tor the violation Of this sectloil ~
| twenty dollars for each offenSe. inns sectioh
| does not apply to the kennebec, AndroscoSRIn
| OF fenobscot rivers or their tributaries or 20
me SAINT Croix river below the breakwater al
The ledge.
section 81. No smelts shall be taken or ns Sd,
iot IN tidal waters, except by hook ana line
5etWeen the first days of April and OCTOBER I'M
ger penalty OF not less than ten, nor more
.iian thlrty dollars for each oGense, anu d iur'
tnef penalty of twenty cents for each sneit 50
! lihen; and all wers for the capture OF sneils
siiail pc opened, and so remain, and al' hc's
| used IN the smelt and tomcod fishery shall be
| taken from the water on or before the f'rst day
| OF April, under penalty of not less than TWEEN
| y, nor more than fifty dollars, and a further
uhe OF f1ve dollars for each day that amy sucn
| weir or net remains in violation OF law, but
We1rs with catch.pounds, covered with net, the
| meshes OF which are one inch square IN the
gear or greater, are not subject to TINS secuon
provided, however, that dip nets may be used
| petWeen the first and twentieth days Or April.
| PROVIDED, further, that this section does not
appiy to smelts taken i'll the AndroSCogSn NV
efaDove the Mcrymeeting bay bridge between
! the 1lrst days of october and November, nor to
sneits taken in the Penobscot river ana IT'S tfiD-
utare s, between the first and the fifteenth days
| OF april, nor to smelts taken in Casco pay nc.
tween the fifteenth day OF september and hlst
Gay OF october, nor to smelts taken in Mach1as
rlver, above Machiasport toll bridge, between
inc inst day of April and the first day OF May;
| section 80. No net other than a dip net, the
fheshes OF which are smaller than one men
square in the clear, shall be used in any waters
ifequented by migratory fishes except the SAINT
SrolX river, between the first days OF April and
october, under penalty Of not more than
twenty nor less than ten dollars for eaoh of
| Tense.
| Section 81. No weir hedge set net or any
9Jner contr1vance for the capture of iish, winch
| 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 thnn fifty dollars and for
Ielture OF all apparatus and material SO unaw-
iuliY used. This provision apple TO any seine
| or drift net which is at any time attached to a
statlona1y object, but not to fykes or cts
used IL the winter fishery for smelts and tom
cods, 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 III Calais.
SECT. a5 Tho limit of depth prescribed for
"eiIs III the preceding sections shall be meas
hfed at the entrance OF tho weir, provided that
no part OF the weir known rs the leader, is in
more than TWO feet at low water mark. NeTs
may exceed the limit Of two feet depth meas.
ured AS aforesaid, under the following condi-
tons; first, the distance from the before men
tloned Two feet limit, TO the entrance OF such
Weir, snail not exceed one hundred feet; second.
no such weir shall obstruct more than one
eighth OF t.le width of the channel; third, every
such weir shall be stripped 40 as to render 1t
incapable of taking Ash on and after the twenty
NTH 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 hennebec river, is in all cases the nearest
bench mark OF the United States coast survey,
allowance being made at the various points for
the difference il time. The provisions of this
and the preceding sections do not 42ply to fish
Welrs built on the sea shores.
SECT. Sc. All beats Implements and materials
used, and all fish taken in violation of sections
thlrty-four and thirty-hve are forfeited.
SECT. 81. 1t shall be the duty of each warden
to make 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 ard on snch blanks
as the commissioner may prescribe and furnish,
and do slch other acts us the commissioner
require for the purpose OF gaining information
and the proper enforcement Of the law.
SECT Is. bounty Of one dollar for each
and every seal killed in She waters of this state
shall be paid by the treasurer of the town in
which such seal is Gilled, to tho person exhibit
ing to said treasurer tire nose Of such seal within
thirty days after said seal was killed Such
treasurer shall destroy il, and shall then pro-
coed rs i'll sections six aud seven OF chapter
thirty Of the revised statutes. The carcasses o.
such seals when DESTROYED shall not be left
dereicr in any waters of the state bat shall be
removed theretrom and properly disposed of
by the persons destroying them: provided
however, that it shall be Unlawful during the
months oil June, July ana August to destroy
seals in the waters of Caseo bay by shooting
With rifle or other long range weapon, which
might endanger human life under penalty
for 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. II ls 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 tho nose to the end of the
bone Ofthe middle npper of the tail the length
to be taken with the lobster extended on the
back lis natural length and any lobster shorter
than the prescribed length when caught, shall
be- liberated alive at the risk and cost of She
parties taking them under penalty OF Ave
dollars tor each lobster SO caught, bought
soli exposed tor sale, or IN the possession not
90 liberated. The possession of lnutla;ed, un-
cooked Holsters shall be prina tacie evidence
that they are not of the required length.
SECT. 30. 1t 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 a penalty of ten dollars for
each lobster SO destroyed, ca0ght, bought,
sold, exposed for sale or possessed. provided,
however, II it appears that 1t was intended to
liberate them In accordance with the provis
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 Lave failed, for any cause nor within
his control, to li)erate them.
SEuT. Al. 1t shall be unlawful TO can, pre-
serve or pickle Holsters less ten and one half
inches in length, alive or dead. measured az
aforesaid; and for svery lobster canned pre-
serVed OF 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 en-.
SECT. AZ. All barrels, boxes or other pack
ages in transit containing Holsters, shall be
marked with the word Holsters i'll capital let
ters at least one inch in length together with
the fun name of the shipper, said marking
shall be placed in Il 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 other packages in
transit, containing Holsters less than the pre-
scribed length, such lobsters 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.
SECT. -. Every person, firm, association or
corporation who ships Holsters without having
bp barrels bOXeS or other DapS9pnS in Wllph