The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1899-03-23
ng beds. feeding troughs or artificial ponds of

land-iocked salmon or trout, or other useful
fish. The penalty for the willfui violation Of
any of such rules and regulations shall be Nifty
dollars for each offense. The commissioners
may. at their discretion, screen the outlet OF
any pond or lake or authorize the same To be
done under such conditions as may seen to
them just.
Section 49, The owner or occupant Of every
dam or other artificial obstruction in any river
or stream frequented by salmon, shad alewiYes,
or land-locked salmon, shall provide the same
with durable and efficient fshway, of such
form and capacity, aud IN such location as may,
after notice in writing to one or more Of said
owners or occupants and a hearing thereon, be
determined by the commissioners Of inland
fisheries and game by written notice 10 some
owner or occupant specifying tho location,
form, and capacity of the required hshway,
and tho time within which it shall be built. and
said owner or occupant shall keep said fishway
in repair, and open and free from obstruction
for the passage of fish, during such times az arc
prescribed by law; provided, however, that in
case OF disagreement between said commits
sioners and the owner or occupantsOf sny dam,
as TO the propriety and safety Of the pan sub
mitted TO the owner or occupant Of such dam
for the location and construction OF the fish
way, such owner or occupant may appeal to the
county commissioners OF the county where tho
dam is located, within twenty days after notice
OF the determination, to the commissioners OF
inland fisheries and game by giving to the lat
ter named commissioners, notice in writing Of
such appeal within that time, stating therein
the reasons therefor; and at the request Of
the appellant or the commissioners of inland
fisheries and game the senior commissioners ia
office of any two adjoining counties shall be
associated with them, who shall appoint a time
to view the premises and hear the parties and
give due notice thereof, and after such hearing
they shall decide the question submitted, and
cause record to be made thereof. and their de-
cision shall be final as to the plan and location
appealed from. If the requirements of the
commissioners Of inland fisheries and game are
affirmed, the appellants shall be liable for The
costs arising after the appeal, otherwise they
shall be paid by the county. II a flshway thus
required is not completed to the satisfaction
of the commissioners Of inland fisheries and
game within the time specified every owner or
occupant shall forfeit not more than one hun.
dred nor less than twenty dollars for every day
of such neglect between the first days OF May
ard November. On the completion of Il fish
way TO the satisfaction of the commissioners of
inland fisheries and game, or at any subsequent
time, they shall prescribe in writing the time
during which the same shall be kept open and
free from obstruction to the passage of fish
each year, and copy of such writing shall be
served on the owner or occupant Of the dam.
The commissioners OF inland fisheries and game
may change the time as they see fit. Unless
otherwise provided. tshways shall be kept open
and uuobstructed from the first day of May to
the fifteenth day of July. The penalty for ne
glecting to comply with this section, or with any
regulations made in accordance herewith, is
not less than twenty nor more than one hun
dred dollars for every day of such neglect
Section 30. Whenever the commissioners of
inland fisheries and game find fshway out of
repair or needing alterations, they may, as in
care OF new fishways, require the owner or oc-
eupant TO make such repairs or alterations;
and all proceedings in such cases and the pen
atty for neglect shall be as provided IN tho
three preceding sections, without appeal. If
the dam is owned and occupied by more than
one person, each is liable for the cost of erect
ing and maintaining such fishway, in proper
ton to his interest in the dam, and if any
owner or occupant neseets or refuses TO join
with The others in erecting or maintaining such
erect or repair the same, and have an action on
the ease against such delinquent for his share
of the expenses. If the owner or occupant Of
such dam resides out of the state, said penal
ties may he recovered by libel against the
dam and land on which it stands, filed in the
supreme judicial court in the county where it
is located, in the name of tho commissioners
of inland fisheries and game or Of any fish
|
pant and all persons interested therein, such
notice as the court or any justice thereof in
vacation, orders and the court may render
judgment therein, against said dam and lands
for said penalties and costs, and order a eale
thereof TO satisfy such judgment and costs of
sale subject, however, to all said requirements
for the erection and maintenance or repair Of
said fishway. The commissioners of inland
fisheries and game may delegate TO any fish
warden or other lawful officer Of fisheries any
| Of the powers given to said commissioners in
relation to the constructionIof tshways.
Section Il. The.followlns waters and their
tributaries are exempt from the provisions re-
lating to migratory fishes and the supervision
of the iishways by the commissioners; that is
to say, Royal river in North Yarmouth Sew
all's pond or its outlet in Arrowsic, 50 much of
the waters OF tHe l)aDlaTlSCOJLi river as ATe
west of the railroad bridge near Damariscotta
mills, all waters in Nnalhayen. fremont,
Mount Desert, Eden, Franklin and sullivan,
Pleasant river IN Washington county, East
AIachias river, and the eastern Penobscot river
in Orland. Little river in Perry shall be ex-
empt from all the foregoing provisions that re-
late to maintaining fishways in said river, ex-
cept during April, May and June.
section %. For the purposes of this chapter,
the term salmon means the common migra-
tory salmon Of the sea coast and rivers the
term laud-locked salmon means any of the
species OF varieties OF salmon that do not peri
odically and habitully run to the sea, being
the same locally known as salmon trout and
BLACK spotted trout the term 'alewfe' means
the small species of migratory fish called 'alc-
wife but known also by the local names of
herring and 'gaspereau, and also includes the
similar species found in tidal waters and known
as blnebacll' and the term bass means the
striped bass of tda.waters.
Section i3. The provisions of this chapter so
far as they relate to fish apply Ia the taking If
the same in all fresh waters above the How OF
the tide and in all tidal waters fcequented by
the various species of fresh water and mi-sra-
tory fishes, except to the capture of shad and
aleyyiVps in DcnuV's river and its tributaries,